Key Benefits:
1090 OF 2006
(September 6)
Official Journal No. 46.383 of 6 September 2006
CONGRESS OF THE REPUBLIC
By which the exercise of the profession of Psychology is regulated, the Deontological and Bioethical Code and other provisions are dictated.
COLOMBIA CONGRESS
DECRETA:
OF THE PROFESSION OF PSYCHOLOGY.
ARTICLE 1o. Psychology is a science based on research and a profession that studies the processes of cognitive, emotional and social development of the human being, from the The perspective of the paradigm of complexity, with the aim of promoting the development of human talent and competences in the different domains and social contexts such as: education, health, work, justice, environmental protection, welfare and quality of life. Based on scientific research, it bases its knowledge and applies it in a valid, ethical and responsible manner in favor of individuals, groups and organizations, in the various spheres of individual and social life, to the contribution of knowledge, techniques and procedures for creating conditions that contribute to the well-being of individuals and the development of the community, groups and organizations for a better quality of life.
PARAGRAFO. For the above and taking into account: The definition of health by WHO; In which the biopsychosocial nature of the individual is highlighted, that well-being and prevention are an essential part of the system of values that leads to physical and mental healing, which Psychology studies the overall behavior of the healthy or sick person. It is concluded that, regardless of the area in which it is carried out in the public and private exercise, it belongs to the field of health, which is why the psychologist is also considered a health professional.
GENERAL PROVISIONS.
ARTICLE 2o. FROM THE GENERAL PRINCIPLES. Psychologists exercising their profession in Colombia will be governed by the following universal principles:
1. Responsibility. By offering their services, psychologists will maintain the highest standards of their profession. They will accept responsibility for the consequences of their actions and will make every effort to ensure that their services are used correctly.
2. Competition. Maintaining high standards of competition will be a shared responsibility for all psychologists interested in social welfare and in the profession as a whole. Psychologists will recognize the limits of their competence and the limitations of their techniques. They will only provide their services and use techniques for which they are qualified.
In those areas where there are still no recognized standards, psychologists will take the necessary precautions to protect the well-being of their users. They shall be kept up to date on scientific and professional progress related to the services they provide.
3. Moral and legal standards. The standards of moral and ethical conduct of psychologists are similar to those of other citizens, except for what can compromise the performance of their professional responsibilities or reduce public trust in Psychology and in psychologists. In relation to their own conduct, psychologists will be attentive to be governed by community standards and in the possible impact that conformity or deviation from those standards can have on the quality of their performance as psychologists.
4. Public announcements. Public announcements, service notices, propagandas and the promotion activities of psychologists will serve to facilitate a well informed judgment and choice. Psychologists shall carefully and objectively publish their professional skills, their affiliations and their functions, as well as the institutions or organisations with which they or the announcements may be associated.
5. Confidentiality. Psychologists have a basic obligation regarding the confidentiality of information obtained from people in the development of their work as psychologists. They will disclose such information to others only with the consent of the person or legal representative of the person, except in those particular circumstances in which not doing so would lead to obvious harm to the person or to others. Psychologists will inform their users of the legal limitations of confidentiality.
6. User welfare. Psychologists will respect integrity and protect the well-being of people and the groups they work with. When conflicts of interest are generated between users and institutions employing psychologists, the same psychologists should clarify the nature and directionality of their loyalty and responsibility and should keep all parties informed of their commitments. Psychologists shall keep users sufficiently informed of both the purpose and nature of the assessments, educational interventions or training procedures and shall recognise the freedom of participation which have users, students, or participants of an investigation.
7. Professional relations. The psychologists will act with due regard to the needs, special competencies and obligations of their colleagues in Psychology and other professions. They shall respect the prerogatives and obligations of the institutions or organisations with which other colleagues are associated.
8. Evaluation of techniques. In the development, publication and use of evaluation instruments, psychologists will strive to promote the well-being and best interests of the client. They shall avoid misuse of the results of the assessment. They shall respect the right of users to know the results, the interpretations made and the basis of their conclusions and recommendations. They shall endeavour to maintain the security of the tests and other assessment techniques within the limits of the legal mandates. They will do their best to ensure that the use of assessment techniques is used by others.
9. Research with human participants. The decision to undertake an investigation rests on the judgment of each psychologist on how to contribute best to the development of Psychology and human well-being. Taken the decision, to develop the research the psychologist considers the different alternatives to which he can direct the efforts and the resources. On the basis of this consideration, the psychologist addresses the research respecting the dignity and well-being of the people who participate and with full knowledge of the legal norms and professional standards that regulate the conduct of the research with human participants.
10. Care and use of animals. An animal conduct researcher makes it possible to develop knowledge of the basic principles of conduct and contributes to improving the health and well-being of man. In consideration for these purposes, the researcher ensures the welfare of the animals.
By analyzing and deciding on cases of violation of the psychologist's professional ethics, if there are no laws and regulations, the protection of animals depends on the scientist's own conscience.
OF THE PSYCHOLOGIST ' S PROFESSIONAL ACTIVITY.
ARTICLE 3o. FROM THE PROFESSIONAL EXERCISE OF THE PSYCHOLOGIST. For the purposes of this law, it is considered exercise of the profession of psychologist any activity of teaching, application and indication of the psychological knowledge and its specific techniques in:
a) Design, execution and direction of scientific, disciplinary or interdisciplinary research, aimed at the development, generation or application of knowledge that contributes to the understanding and application of its object of study and to the implementation of their professional work, from the perspective of the natural and social sciences;
b) Design, execution, direction and control of diagnostic, evaluation and psychological intervention programs in the different areas of applied psychology;
c) Evaluation, prognosis and treatment of personal dysfunctions in the different contexts of life. Under scientific and ethical criteria, they shall be valid from the required interconsultations or make the necessary referrals to other professionals;
d) Management and management of academic programs for the training of psychologists and other related professionals;
e) Teaching in psychology and related programs and programs;
f) The development of the human being to be competent throughout the life cycle;
g) The foundation, design and management of different forms of rehabilitation of individuals;
h) The foundation, design and management of the different processes that allow greater effectiveness of groups and organizations;
i) Counseling and participation in the design and formulation of policies in health, education, justice and other areas of applied psychology as well as in the professional practice of them;
j) Advisory, consulting and participation in the formulation of quality standards in education and care in Psychology, as well as in the enactment of provisions and mechanisms to ensure their compliance;
k) Advisory and consulting for the design, execution and direction of programs, in the fields and areas where knowledge and disciplinary and professional contribution of Psychology is required or suitable for social benefit;
l) Design, execution and direction of training and non-formal education programs in the different areas of applied psychology;
m) The opinion of concepts, reports, results and expertise;
n) Any professional activity that derives from the previous ones and has a relationship with the field of the psychologist's competence.
ARTICLE 4. PSYCHOLOGIST ' S FIELD OF ACTION. The psychologist may exercise his or her activity individually or by integrating interdisciplinary teams, in institutions or privately. In both cases, you can do so at the request of specialists from other disciplines or from individuals or institutions who, of their own will, request assistance or professional advice. This professional exercise will be developed in the individual, group, institutional or community areas.
ARTICLE 5o. Within the limits of its competence, the psychologist will exercise his functions autonomously, but always respecting the principles and norms of professional ethics and with solid foundation in criteria of scientific validity and social utility.
OF THE REQUIREMENTS FOR THE EXERCISE OF THE PROFESSION OF PSYCHOLOGIST.
ARTICLE 6o. REQUIREMENTS FOR PRACTICING THE PROFESSION OF PSYCHOLOGIST. To exercise the profession of Psychologist it is required to accredit his academic training and professional suitability, by presenting the respective title, the fulfilment of the other provisions and obtained the Professional Card issued by the Colombian College of Psychologists.
PARAGRAFO. Professional cards, inscriptions, or records issued to psychologists by the Health Secretaries of the different departments, districts or municipalities of the country or other competent authority, with prior to the validity of this law, they shall retain their validity and shall be presumed to be authentic.
ARTICLE 7o. FROM THE PROFESSIONAL CARD. You can only obtain the professional psychologist card, practice the profession and use the respective title within the Colombian territory, who:
1. They have acquired or acquired the title of psychologist, awarded by universities or university institutions, officially recognized.
2. Have acquired or acquired the title of psychologist in universities operating in countries with which Colombia has concluded treaties or conventions on the reciprocity of diplomas.
3. They have acquired or acquired the title of psychologists in universities operating in countries with which Colombia has not concluded treaties or conventions on the equivalence of diplomas, provided that the title is validated against the competent authorities in accordance with the rules in force.
4. They may also pursue the profession:
(a) Foreign nationals with equivalent qualifications who were in transit in the country and were officially required in consultation for matters of their specialty. The authorization for the professional year shall be granted for a period of time (6) months, and may be extended by one (1) year at the latest;
b) Foreign professionals hired by public or private institutions for research, teaching, and advisory purposes;
(c) This rating does not entitle the foreign professional to pursue the independent exercise of his profession, and must be limited to the activity for which he has been required.
PARAGRAFO 1o. The professional exercise shall consist solely of the personal execution of the acts listed in this law, and any loan from the firm or professional name to third parties shall be prohibited. psychologists or not.
PARAGRAFO 2o. The titles issued by correspondence, or simply honorific, will not be valid for the exercise of Psychology.
ARTICLE 8o. OF THE ILLEGAL EXERCISE OF THE PROFESSION OF PSYCHOLOGIST. Understand by illegal exercise of the profession of psychologist, any activity carried out within the field of competence indicated in this law, by those who do not have the quality of psychologists and are not duly authorised to perform as such. The profession of Psychologist is also unlawfully exercised by those who announce themselves by means of notices, propagandas, plates, murals or other means of advertising without meeting the requirements laid down in this law.
PARAGRAFO. Those without filling the requirements set out in this law will exercise the profession of psychologist in Colombia, they will receive the penalties that the ordinary law sets for the cases of the illegal exercise.
OF PSYCHOLOGY ' S RIGHTS, DUTIES, OBLIGATIONS AND PROHIBITIONS.
ARTICLE 9o. PSYCHOLOGIST ' S RIGHTS. The psychologist has the following rights:
a) Being respected and recognized as a scientific professional;
b) Receive special protection by the employer to ensure his physical and mental integrity, due to his professional activities as established by the Constitution;
c) Exercise the profession within the framework of the current ethics rules;
d) Propose innovations to the General System of Social Security in Health;
e) Contar with the right human resource, technology and inputs necessary for the timely and efficient performance of your profession.
ARTICLE 10. PSYCHOLOGIST DUTIES AND OBLIGATIONS. They are the psychologist's duties and obligations:
(a) Save complete reservation about the person, situation or institution where he intervenes, the reasons for consultation and the identity of the consultants, except in the cases covered by the legal provisions;
b) Responsible for the information that the auxiliary staff may disclose without prior authorization;
c) To record in the medical records and other documentary acervos of the cases that are consulted;
d) Keep in place closed and in due custody the medical records and other confidential documents;
e) Carry out written record that can be systematised from practices and procedures that it implements in the exercise of its profession;
f) Save the professional secret about any prescription or act that I will perform in fulfillment of your specific tasks, as well as of the data or facts that I will communicate to you because of your professional activity;
g) Fulfilling existing rules related to the provision of services in the areas of health, work, education, justice and other fields of psychologist action;
h) Respect the principles and values that underpin the standards of ethics in force for the exercise of their profession and respect for human rights.
ARTICLE 11. OF THE PROHIBITIONS. It is prohibited for professionals who exercise Psychology, without prejudice to other prohibitions laid down in this Law:
(a) Participate fees between psychologists or any other professional, without prejudice to the right to present fees in conjunction for the work performed as a team;
b) Announce or advertise professional activity as a psychologist by posting false therapeutic successes, fictitious statistics, inaccurate data; promising results in healing or any other deception;
c) Professional secret disclosure without prejudice to the other provisions contained in this law;
d) Skip or delay compliance with professional activities;
e) Request or accept undue perks or benefits to perform your activities;
f) Perform activities that contravene good professional practice.
OF THE PUBLIC FUNCTIONS OF THE COLOMBIAN COLLEGE OF PSYCHOLOGISTS.
ARTICLE 12. The Colombian College of Psychologists as the only associative entity representing the professional interests of this area of human and health sciences, formed by the largest number of active members of this profession, whose purpose is to defend, strengthen and support in the professional exercise of psychology, with internal structure and democratic functioning; from the validity of this law will have the following Public ntions:
(a) Exorder the professional card from the psychologists after meeting the requirements laid down in this law;
b) Conduct the registration process for psychologists in the "National Single Register of the Human Resource in Health", according to the rules established by the Ministry of Social Protection;
c) Conform the National Deontological and Bioethical Court of Psychology to comply with the Deontological and Bioethical Code of the professional exercise of the Psychology of which this law is addressed, according to the rules to be issued for that purpose.
OF THE DEONTOLOGICAL AND BIOETHICAL CODE FOR THE EXERCISE OF THE PROFESSION OF PSYCHOLOGY.
OF THE GENERAL PRINCIPLES OF THE DEONTOLOGICAL AND BIOETHICAL CODE FOR THE EXERCISE OF THE PROFESSION OF PSYCHOLOGY.
ARTICLE 13. This Deontological and Bioethical Code is intended to serve as a rule of professional conduct, in the exercise of psychology in any of its modalities, providing principles General who help to make informed decisions in most of the situations with which the professional of Psychology is confronted, based on the principles of beneficence, non-maleficence, autonomy, justice, truthfulness, solidarity, loyalty and fidelity, in addition to those referred to in this law.
The exercise of the profession of psychology should be guided by criteria, concepts and high ends that aim to enhance their profession; therefore, they are obliged to adjust their professional actions to the provisions of the following rules that constitute its Deontological and Bioethics Code.
Psychologists in all their specialties, for all the effects of the Deontological and Bioethical Code and their disciplinary regime contemplated in this law will be called the professionals.
ARTICLE 14. The professional in Psychology has the duty to inform, to the appropriate competent agencies, about violations of human rights, ill-treatment or cruel conditions of imprisonment, (a) inhuman or degrading to the victim any person and to whom he or she has knowledge in the exercise of his/her profession.
ARTICLE 15. The professional in psychology will respect the moral and religious criteria of its users, without impeding their questioning when necessary in the course of the intervention.
ARTICLE 16. In the provision of their services, the professional shall not discriminate against persons by reason of birth, age, race, sex, creed, ideology, national ity, social class, or any other difference, based on respect for the life and dignity of human beings.
ARTICLE 17. The professional in his written reports, must be extremely cautious, prudent and critical, in the face of notions that easily degenerate into labels of discriminatory misassessment of gender, race or social condition.
ARTICLE 18. The professional will never perform a collection exercise aimed at making sure the cases of certain persons are entrusted to him, nor will he proceed in actions that practically guarantee his monopoly professional in a given area.
ARTICLE 19. The professional will not lend his name or signature to persons who are illegitimately, without the necessary qualifications and preparation, perform acts of their own in the exercise of psychology, and will denounce the cases of intrusion that come to your knowledge. It will also not cover up with your degree of vain or misleading activities.
ARTICLE 20. When you are facing competing personal or institutional interests, the professional will perform your activity in terms of maximum impartiality. The provision of services in an institution does not exempt from consideration, respect and attention to persons who may conflict with the institution itself and of which, on those occasions where it is legitimately appropriate, it shall be valor to the institutional authorities.
ARTICLE 21. The psychology professional must reject, carry out the provision of his services when there is certainty that they may be misused or used against the legitimate interests of the persons, groups, institutions or communities.
ARTICLE 22. For no reason will the freedom to abandon the intervention be restricted and go to another psychologist or professional; rather, the client's well-informed decision-making capacity will be maximally favored. The professional may refuse to carry out his intervention simultaneously with a different one performed by another professional.
ARTICLE 23. The professional is obliged to keep the professional secret in everything that for reasons of the exercise of his profession has received information.
ARTICLE 24. When the evaluation or psychological intervention occurs at the request of the subject of whom the professional obtains information, it can only be communicated to third persons, with express prior authorisation of the data subject and within the limits of this authorisation.
ARTICLE 25. The information obtained by the professional cannot be disclosed to others, when it is in danger or in danger against the integrity and rights of the person, his family or society, except in the Following cases:
(a) Where such assessment or intervention has been requested by competent authority, judicial authorities, teaching professionals, parents, employers, or any other applicant other than the subject under assessment. The latter, his parents or guardians shall be entitled to be informed of the fact of the assessment or intervention and of the recipient of the ensuing psychological report. The subject of a psychological report has the right to know the content of the report, provided that it does not result in serious harm to the subject, and although the request for its performance has been made by other persons or entities;
(b) Where the legal authorities so request, only in those cases provided for by law, the information provided shall be strictly necessary;
c) When the client is in a proven physical or mental disability that makes it impossible for him to receive his or her results or give informed consent. In such a case, the necessary care shall be taken to protect the rights of the latter. The information will only be given to parents, guardian or person in charge to receive it;
d) When it comes to young children who cannot give their informed consent. The information will only be given to parents, guardian or person in charge to receive it.
ARTICLE 26. The psychological reports made at the request of institutions or organizations in general, will be subject to the same general duty and the general right of confidentiality before established. professional as the corresponding applicant instance obliged not to give them dissemination outside the strict framework for which they were collected.
ARTICLE 27. The enumerations or lists of subjects evaluated in which the diagnoses or data of the assessment are to be recorded and that the psychologist is required by other instances, for planning purposes, obtaining resources or others, they must be performed by omitting the name and identification data of the subject, when they are not strictly necessary.
ARTICLE 28. Of professionally acquired information, the professional must never be served in his or her own or third party's own benefit, or to the detriment of the person concerned.
ARTICLE 29. The oral, printed, audiovisual or other exposure, of clinical or illustrative cases for didactic or communication purposes or scientific disclosure, should be done in such a way that the identification of the person, group or institution concerned, or where the means used leads to the possibility of identification of the subject, prior and explicit consent shall be required.
ARTICLE 30. The records of psychological data, interviews, and test results in written, electromagnetic, or any other digital or electronic storage medium, if preserved for a certain time, they will be under the personal responsibility of the psychologist under security and secrecy conditions that prevent outsiders from being able to access them.
ARTICLE 31. For the presence, manifest or reserved of third parties, unnecessary for the professional act, such as trainees or professionals in training, requires the prior consent user.
ARTICLE 32. The death of the user, or his disappearance, in the case of public or private institutions? does not release the psychologist from the obligations of professional secrecy.
PSYCHOLOGIST DUTIES TO USERS.
ARTICLE 33. OF THE BERES IN FRONT OF THE USERS. The psychologist provides his services to the human being and to the society. Therefore, you will apply your profession to the person or population who needs it without further limitations than those expressly mentioned by law, refusing to provide services for acts contrary to moral and professional honesty.
ARTICLE 34. The relationship between the psychologist and the user is established in the following cases:
a) By voluntary application of professional services;
b) For care in cases of urgency, emergency, or catastrophe;
c) By service request of third parties with the due consent of the second;
d) In compliance with a duty emanating from a legal or contractual relationship.
ARTICLE 35. The psychologist may excuse the attention of a case or interrupt the provision of the service for the following reasons:
a) When it does not correspond to your knowledge or competence field;
b) When the consultant rehuses the intervention of the psychologist;
c) When the user does not accept the costs involved in the intervention of the professional;
d) By illness or physical impossibility of the psychologist to provide a special service.
PSYCHOLOGIST ' S DUTIES WITH THE PERSONS SUBJECT TO HIS PROFESSIONAL PRACTICE.
ARTICLE 36. THE PSYCHOLOGIST ' S DUTIES WITH THE PERSONS SUBJECT TO HIS PROFESSIONAL PRACTICE. The psychologist in relation to the persons subject to his professional practice shall also have the following obligations:
a) Make appropriate use of the psychotechnical material in the case that is needed, for diagnostic purposes, keeping the ethical and methodological rigor prescribed for its due management;
b) Reuse to make assessments to people or situations whose problems do not correspond to their field of knowledge or do not have sufficient technical resources to do so;
c) To issue to a competent colleague or professional any case that would overflow their field of knowledge or intervention;
d) Avoid the final results of the evaluation processes in the results of the evaluation processes;
e) Use only diagnostic, preventive, intervention and procedures that are properly accepted and recognized by scientific communities;
(f) Notify the competent authorities of cases involving public health, the health or safety of the consultant, their group, the institution or society;
g) Respect the free choice that the user makes to request their services or that of other professionals;
h) Be responsible for the intervention procedures you decide to use, which will record in the medical history, technical file or professional file with due support and support;
i) Do not practice interventions without authorized user consent, or in cases of minors or dependents, of the consent of the acutooth;
j) Communicate to the user the interventions that he will practice, the due sustenance of such interventions, the risks or favorable or adverse effects that may occur, their evolution, time and scope.
OF DUTIES WITH COLLEAGUES AND OTHER PROFESSIONALS.
ARTICLE 37. OF THE DUTIES WITH COLLEAGUES AND OTHER PROFESSIONALS. The exercise of Psychology is based on the right and duty of mutual respect between the psychologist and other professions, especially those of those who are closest in their different areas of activity.
The psychologist will not discredit colleagues or other professionals who work with their own or different methods, and will speak with respect to schools and types of intervention that enjoy scientific and professional credibility.
The loyalty and respect between the psychologist and the other professionals with whom he interacts for the purpose of his exercise as such are fundamental elements of his professional practice. Therefore, it will be against the professional ethics who censure the diagnosis, the interventions and recommendations or express doubts about the work system or the ability of other professionals, without sufficient critical support in the research development of knowledge.
ARTICLE 38. The psychologist will not be able to intervene in a procedure already initiated without the prior verification that the user has informed of the decision to change professional, or under the knowledge that the The first professional has renounced to continue with this or is unable to do so. Equally, professional ethics are lacking in the psychologist who tries in any unfair way to attract the client of another colleague or practice any act of dishonest competition.
ARTICLE 39. Collective work does not exclude the individual professional responsibility for their actions and in both cases the same ethical precepts as provided for in this law will apply. Similarly, it will refrain from issuing professional concepts on domains for which it has no informed knowledge.
